Neese et al. v. Becerra et al.

Docket No.
Appellate Court
Fifth Circuit


  • Certify class
  • Invalidate all or part of a federal regulation
  • Stop the government from enforcing the statute or regulation

Litigation Content

Why this Matters:

The plaintiffs brought a class action complaint alleging that enforcing protections under the Affordable Care Act against discrimination in federally funded health care programs with respect to sexual orientation and gender identity violate the Administrative Procedure Act. The nondiscrimination protections included in the Affordable Care Act protect various communities on the basis of race, color, national origin, age, disability, or sex. These communities have historically faced different barriers in accessing health care services and have disproportionately suffered worse health outcomes.

Potential Impact:

Eroding nondiscrimination protections for LGBTQI+ people would expose them to greater challenges in accessing needed services and care.